District IV
January 15, 2014
To:
Hon. Andrew P. Bissonnette
Circuit Court Judge
Justice Facility
210 West Center St.
Juneau, WI 53039
Lynn M. Hron
Clerk of Circuit Court
Dodge Co. Justice Facility
210 West Center Street
Juneau, WI 53039
James T. Sempf
Asst. District Attorney
210 W. Center Street
Juneau, WI 53039
Maura F.J. Whelan
Asst. Attorney General
P. O. Box 7857
Madison, WI 53707-7857
Douglas K. Uhde 376328
Stanley Corr. Inst.
100 Corrections Drive
Stanley, WI 54768
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin ex rel. Douglas K. Uhde v. Jeffrey Pugh (L.C. # 2006CF221) |
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Before Higginbotham, Sherman and Kloppenburg, JJ.
Douglas Uhde appeals an order denying his petition for writ of habeas corpus. Based upon our review of the briefs and record, we conclude at conference that this case is appropriate for summary disposition. See Wis. Stat. Rule 809.21 (2011-12).[1] We affirm.
Uhde was convicted of escape in 2007. The complaint alleged that Uhde was an inmate at Fox Lake Correctional Institution and walked away from a job site in Baraboo. Uhde pled no contest to the charge. Uhde now argues that venue in Dodge County was improper because he committed the crime in Sauk County, where he walked away from the job site. We reject the argument.
The “escape from custody”
statute that Uhde was convicted under was Wis.
Stat. § 946.42(3)(a)
(2003-04). A related definition provides
that “custody” includes constructive custody of prisoners temporarily outside
the institution for the purpose of work.
§ 946.42(1)(a). Therefore, because Uhde was considered to be
in the custody of the prison, Uhde’s escape is considered to be from the Fox
Lake Correctional Institution. That
prison was in Dodge County, and the Dodge County circuit court has jurisdiction
over crimes committed there. Wis. Stat. § 302.02(1m)(e)
(2003-04). Therefore, venue for Uhde’s
escape from that prison was proper in that county. See
also Dolan v. State, 48 Wis. 2d 696, 700-03, 180 N.W.2d 623 (1970)
(reaching similar conclusion by applying older versions of similar statutes).
Uhde also argues that the circuit court should have informed him of the
requirement for the State to prove venue at the preliminary examination, or
possibly in connection with the taking of his plea. However, he cites no authority that imposes
that requirement, and we are not aware of any.
IT IS ORDERED that the order appealed from is summarily affirmed under Wis. Stat. Rule 809.21.
Diane M. Fremgen
Clerk of Court of Appeals